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Johnstone Barasa Mulongo & Joshua Amadi Jumba v. Republic

(2019) JELR 100757 (CA)

Court of Appeal  •  Criminal Appeal 307 & 308 of 2005  •  8 Mar 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the judgment of the High Court (Makhandia and Kimaru, JJ.) dated 29th January 2004, on a first appeal, dismissing the appellants’ appeals against their convictions and sentences.

The background to the appeal is that, the appellants were charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars of the offence were that, on the 14th day of November 1998 at Doundu Estate in Kiambu , jointly with others not before Court, while armed with dangerous weapons namely pangas and rungus, they robbed Joseph Kimani Kang’ethe of Kshs. 90,000/= and immediately before and after attacked him causing grievous harm. The appellants denied the charge prompting a trial in which the prosecution called six (6) witnesses in support of the charge, while the appellants gave unsworn evidence in their respective defences.

It was the prosecution’s case that on 14th November 1998 at around 8.00 pm, Joseph Kimani…

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